The prosecutor's appeal is dismissed.

1. The statements of witnesses E and D, which identified the accused as the offender, are consistent and reliable as a whole.

In addition to the progress before and after the case and the closed circuit ETV video, the defendant is found guilty.

However, the judgment of the court below which acquitted the defendant is erroneous by misapprehending the legal principles.

2. Determination

A. The lower court determined as follows.

(1) [E] Statement E made in the original trial that the defendant directly saw the victim.

However, See 66,309 pages 66,309 of the investigation records of the statement prepared by N by the police officer N who first heard the statement from E. In this regard, N appeared in the court of the political party and stated to the effect that “the actual state was the first stage of the crime by E,” but it did not clearly explain the reasons why the statement prepared by the police officer himself was inconsistent with this.

Although E did not directly see the face of assault while it was called the Defendant as the offender, it is written that E told the Defendant that he was at the time of the Defendant from the same birth.

E is likely to dissatise the appearance of a criminal who was first considered at night because it has already been in the state of 1 or more soldiers at the time.

According to this, it is difficult to believe the above statements as they are.

(2) [D] D’s statement to the effect that it conforms to the facts charged in the original trial.

However, D initially presented the photograph of the defendant from the police and stated that the defendant is the offender, but in general, presented only one photograph of the suspect to the witness during the criminal identification procedure due to the appearance of the suspect, etc., it seems that it is low reliability due to the limit and inaccurateness of the person's memory.

D is the defendant of a person who is under White clothes.